#58 - No, there's no withdrawal of consent, either express or implied, so it's most likely not. It's possible to argue that she couldn't give continuing consent because she's incapacitated, but it'd be a hard line to prove.

...still, that doesn't stop it from being a bit creepy. I'm pretty sure if I was with someone and they passed out, I'd at least stop and make sure they're OK. That said, fainting during orgasm isn't particularly rare.

It could be argued that she didn't consent to having unconscious sex, though. I'm not saying I agree, nor that it'll be an easy sell, but a lawyer could easily argue that. A REALLY good lawyer might even be able to sell it.

Just because she consents to having sex with him doesn't mean she consents to him having sex with her body. It's not her fault she passed out, after all.

With the way she worded this, it doesn't sound like she's happy with him continuing after she's passed out, so not sure about if he has "consent", but then again, she did say boyfriend and not "my now ex boyfriend", so must not of bothered her too bad.

"actually if you have had consentual sex at least 1 time prior to this event it cannot be considered rape unless he did something to make her pass out"

No...that's not how that works at all. Previous consent in no way implies current consent. Heck, until recently many states had a separate clause for rape of a spouse, until they got rid of it and just said "oh wait, that's still just plain rape." If having had consensual sex once meant you couldn't be raped, that would be completely illogical.

However, I don't think this QUITE counts as rape, because she did consent to having sex this particular time, and never technically said no. But I'd be deeply disturbed by the fact that he kept going instead of making sure she was okay.

Wrong, dumbass. It's not rape. Yes, this guy is fucked up. Yes, this is slightly short of necrophilia. But it's not rape. The general understanding of sex (sexual intercourse, so I don't get shit like what about blowjobs) is that both people have orgasms. The girl got one, then she passed out. This was consensual sex in the first place, because the FML would have been about getting raped ifit wasn't.Yes, her boyfriend's fucked up. Yes, he should have checked if she was conscious. But this was not a case of him raping her.

Maybe he thought you were resting :S or only continued until he noticed something was up. Its not like its a normal thing. Hopefully he did stop and check you were ok. I would get your heart checked though, your heart racing that fast seriously cant be good.